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RAVI NATH TILHARI, NYAPATHY VIJAY
Superintendent Of Post Offices – Appellant
Versus
K Gandhi – Respondent
ORDER :
(per Hon’ble Sri Justice Nyapathy Vijay)
1. The W.P.Nos.4443 of 2013 & 28151 of 2012 were filed questioning the Order dated 03.11.2011 passed by the Central Administrative Tribunal at Hyderabad in O.A.No.38 of 2007 and O.A.No.119 of 2006 respectively.
2. The W.P.Nos.18188 of 2012 & 36176 of 2012 were filed questioning the Order 21.09.2011 passed by the Central Administrative Tribunal at Hyderabad in O.A.No.260 of 2006 and O.A.No.06 of 2005 respectively.
3. As the issue in all the O.As/W.Ps, being common, a Common Order is being passed in all these Writ Petitions.
4. The issue that falls for consideration is with regard to the entitlement of the applicants/respondents for grant of retirement benefits on the basis of emoluments drawn for the period they worked in HSG-I scale prior to retirement.
5. The facts in W.P.No.4443 of 2012 in brief are as follows:
The applicant was appointed as Postal Assistant on 16.07.1965 and was confirmed in the said post on 01.03.1968. The applicant was promoted on 30.11.1983 to OTBP and to BCR cadres on 03.10.1991. The applicant was further promoted as HSG-I Post Master, Chodavaram H.O., w.e.f. 01.08.2003 in the scale of Rs.6500-200-10500 vide Memo No.
Pensionary benefits cannot be based on temporary officiation in a higher grade; only the salary for the officiated period is applicable.
Officiating in a higher post does not grant entitlement to associated benefits unless the individual meets the promotion criteria.
Pensioners retiring before 01.01.2006 are not entitled to benefits applicable to later retirees; pension must not be lower than 50% of minimum pay in the pay band.
The court ruled that all pensioners, regardless of retirement date, are entitled to pension revisions, upholding equal treatment principles.
Ad hoc services should be counted for seniority and all purposes after regularization/confirmation, and the benefits granted, including the senior pay scale and selection grade, cannot be withdrawn r....
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